Short Answer

Yes, but who sues and where depends on the role the relative played. In North Carolina, a personal representative, trustee, or power-of-attorney agent owes fiduciary duties. Claims for money damages go to Superior Court. If the harm is to the estate, the personal representative usually brings the claim; if they won’t or have a conflict, an interested person may seek their removal or ask the Clerk of Superior Court to compel action. If the relative exploited a power of attorney, an interested person can seek court relief, including an accounting and voiding transfers.

Understanding the Problem

You want to know if, in North Carolina, you can sue a relative for breaching fiduciary duties tied to a parent’s estate plan. The key decision is whether that relative owed a legal fiduciary duty (as a personal representative, trustee, or power-of-attorney agent) and who has standing to enforce it. Here, a will was later probated naming the surviving spouse as executor and sole beneficiary, and you believe another relative influenced that spouse and redirected assets.

Apply the Law

North Carolina recognizes fiduciary duties for personal representatives (executors/administrators), trustees, and agents under a power of attorney. A breach claim generally requires: a fiduciary relationship, a breach (such as self-dealing or misuse of authority), and resulting loss. Claims for estate mismanagement typically belong to the personal representative on the estate’s behalf; interested persons can seek removal or orders compelling action if the representative will not act. For power-of-attorney abuse, courts can order accountings, injunctions, and set aside transfers. Challenges to will changes are handled by a caveat action and have a specific deadline.

Key Requirements

• Fiduciary relationship exists: The relative must have served as personal representative, trustee, or agent under a valid power of attorney.
• Breach of duty: Conduct like self-dealing, failure to safeguard assets, misuse of authority, or disloyal acts.
• Resulting harm: Loss to the estate, trust, or principal tied to the breach.
• Proper forum and party: Estate damages are pursued by the personal representative; interested persons use the Clerk to compel/replace a representative. POA abuse relief is sought in Superior Court.
• Deadlines/thresholds: A will challenge (caveat) has a firm deadline; other civil claims have statutes of limitation that vary by claim.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-2 (Duties of personal representative) – settle the estate expeditiously and act in the best interests of all interested persons.
• North Carolina Gen. Stat. § 28A-9-1 (Revocation of letters) – permits removal/suspension of a personal representative for misconduct or conflicts.
• North Carolina Gen. Stat. § 32C-1-117 (POA remedies) – authorizes accountings, injunctions, setting aside transactions, and other relief against an agent.
• North Carolina Gen. Stat. § 31-32 (Caveat to will) – allows an interested person to challenge a will within three years after probate in common form.

Analysis

Apply the Rule to the Facts: Because the will was later probated naming the spouse as executor and sole beneficiary, any claim for injury to your parent’s estate usually belongs to that executor. If the executor will not act or has a conflict, you can petition the Clerk to compel action or seek removal, then pursue damages in Superior Court. If the relative exploited the spouse through a power of attorney, an interested person may request judicial relief for an accounting, injunction, or to void suspect transfers. If the complaint is about changes to the spouse’s own will or trust, a challenge typically waits until the spouse’s death.

Process & Timing

1. Who files: Interested person. Where: Clerk of Superior Court (estate proceeding) and/or Superior Court (civil action) in the North Carolina county where the estate is administered. What: Petition to compel or remove the personal representative (revocation under § 28A-9-1); separate civil complaint for breach of fiduciary duty/constructive fraud; or petition under the POA statute seeking remedies (accounting, injunction, set-aside) under § 32C-1-117. When: File the estate petition promptly; civil filing deadlines vary by claim. A caveat to a will must be filed within three years after probate in common form.
2. If the Clerk removes or limits the personal representative, expect issuance of new or modified letters; if a civil action is pending, it may proceed in Superior Court, and related estate matters can be consolidated or coordinated.
3. Final outcome is a court order: removal/suspension instructions from the Clerk; and, in Superior Court, potential money judgment, injunction, accounting, or orders voiding wrongful transfers.

Exceptions & Pitfalls

• Standing: Heirs rarely sue third parties directly for estate injuries while a personal representative serves; use the Clerk process to compel action or seek removal first.
• Forum traps: The Clerk cannot award money damages; file damages claims in Superior Court.
• POA timing: Courts can police an agent’s conduct while the principal is alive, but tortious interference with an expected inheritance generally ripens only after the testator dies.
• Service and notice: Estate petitions require proper service on interested persons; missed service can delay or derail relief.
• Records: For POA abuse, demand an accounting early; agents must maintain records, and missing records complicate proof.

Talk to a Probate Attorney

If you’re dealing with suspected fiduciary misconduct or undue influence affecting an estate or power of attorney, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.